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vishi sharma (lawyer)     13 August 2013

Criminal compalint against directors of the company

Sir 

A criminal complaint U/s 420 406 IPC have been filed against the director and chair person  of the company alleging that they have cheated the complainant.

Please let me know it is mandatory for the accused persons to appear before the Court of Law or they can appear through lawyer even if they have not taken any bail.

Further, please let me know whether we can approach to the High Court for taking bail.

Please reply



Learning

 5 Replies

Suri.Sravan Kumar (senior)     13 August 2013

in criminal cases accused presence is a must. sometimes if u are unable to attend u can file dispence petition. to quash FIR u have to aproach High court only.

YOGESHWAR. (ADVOCATE HIGH COURT-criminal /civil -youract@gmail.com)     13 August 2013

Both are non bailable offense hence once FIR is registered they can seek ANCIPATORY BAIL otherwise they will be arrested and than can apply for bail first to trial court than sessions court and than HIGH COURT.

 

YOU HAVE TO STUDY MINUTELY THE FIR BEFORE APPLYING FOR BAIL .

Nadeem Qureshi (Advocate/ nadeemqureshi1@gmail.com)     13 August 2013

if the anticipatory bail is applicable in your state then file AB otherwise quashing petition may be fruitful  if the directors & other person is really innocence

Kolla Gangadhar (Practicing Advocate since 1986)     13 August 2013

Personal apparance of the Accused under Section 420, 406 I.P.C. is must, in case any unavoidable circumstances Accused fails to apper on the date of hearing Advocate can file Petition under Section 317 of Cr.P.C. to dispense with personal apparnce of Accused. Secion 205 of Cr.P.C. Whenever Magistrate issues summons he may dispense with the personal appearance of the Accused ,Petiton is filed under Section 205 (1) of  Cr.P.C.  you may contact Cell Phone. 9290673693, or Email. kgangadharadvocate@gmail.com 

Kolla Gangadhar (Practicing Advocate since 1986)     13 August 2013

You have not taken Bail for offence under section 420, 406 I.P.C. you try for Anticipatory Bail before you being arrested. If you fail  to get Anticipatory Bail you may surrender before Magistrate apply for Bail. You have right under law to approach to High Court to quash F.I.R. if a flase case is registered against you and obtain stay of investigation. Contact Cell No. 9290673693, Email. kgangadharadvocate@gmail.com


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